No 36

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 10 APRIL 1996

 

 

1    Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read       prayers.

 

2    Message from the Governor

     The following Message from the Governor was received and read:

 

     Assent to Bills                                         Message No 16

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty the Queen, the following Acts have been assented to during the present Session, viz:-

No. 3 of 1996 -     An Act to amend the Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) Act 1987

No. 4 of 1996-      An Act to amend the Racing Act 1976

No. 5 of 1996 -     An Act to amend the Biological Control Act 1986

No. 6 of 1996 -     An Act about the registration of births, deaths and marriages and related matters

No. 7 of 1996 -     An Act to amend the Law of Property Act 1936

No. 8 of 1996 -     An Act to amend the Liquor Licensing Act 1985

No. 9 of 1996 -     An Act to amend the Pastoral Land Management and Conservation Act 1989

     Government House, 10 April 1996                   R F Mitchell, GOVERNOR

 

3    Death of Former Federal Member - Hon M J Young

The Deputy Premier (Hon S J Baker), by leave, moved - That this House expresses its regret at the recent death of Hon M J Young, former Member of the House of Representatives and Commonwealth Minister of the Crown, and places on record its appreciation of his meritorious service on behalf of South Australia.

And being supported by the Leader of the Opposition (Hon M D Rann), Mr Quirke, Mr De Laine, Mr Clarke and Mr Foley

Motion carried in silence, Members rising in their places.

 

4    Answer to a question

An answer to a question without notice was tabled by the Speaker.

 

5    Legislative Review Committee - Report - Code of Conduct for Members of Parliament

Mr Cummins  brought up the Report of the Committee.

Report received.

 

     Environment, Resources and Development Committee - Report Roxby Downs Water Leakage

Mrs Kotz brought up the Nineteenth Report of the Committee.

     Report received.

     Ordered to be printed (Paper No. 204)

 

6    Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon S J Baker) -

        Classification (Publications, Films and Computer Games) Act - Intergovernmental Agreement

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development (Hon J W Olsen) -

        Regulations under the following Acts -

           Road Traffic - Voluntary Blood Test

           Summary Offences - Drink Driving - Qualified Passenger

 

     By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

        Environment Protection Act - Regulations -

           Burning Policy

           Prescribed Bodies

 

     By the Minister for Primary Industries (Hon R G Kerin)

        Animal and Plant Control Commission - Report 1995

        Fisheries Act - Regulations -

           Commercial Net Fishing Controls

           Recreational Net Fishing

 

     By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

        Architects Act - By-Laws - Fees.

 

7    Questions

     Questions without notice were asked.

 

8    Standing Orders Committee - Substitution of Member

     The Deputy Premier, by leave, moved - That Mr Meier be appointed to the Standing Orders Committee in place of Mr Lewis, resigned.

     Question put and passed.

 

9    Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

10   Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration after Notice of Motion: Government Business No 2.

 

11   Fisheries (Protection of Fish Farms) Amendment  Bill

The Minister for Primary Industries (Hon R G Kerin), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fisheries Act 1982.

Question put and passed.

 

     Bill presented and read a first time.

     The Minister moved - That this Bill be now read a second time.

     Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 


12   Yumbarra Conservation Park Re-proclamation - Motion for Select Committee

The Deputy Premier, pursuant to notice, moved - That a Select Committee be established to inquire into a proposal for re-proclamation of that area of the Yumbarra Conservation Park within which Exploration Licence Application 142/93 is largely contained to enable access for exploration and any future mining to be contingent on a full EIS as a component of the decision making process.

Debate ensued.

Question put.

House divided (No 1)

 


      Ayes, 24

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Hon E S Ashenden

Mr D S Baker

Mr Bass

Mr Becker

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Hon R G Kerin

Mr Lewis

Mr Meier

Mr Oswald

Mrs Penfold

Mr Scalzi

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


   Noes, 11.

 

Mr Atkinson

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Hon M D Rann

Ms Stevens

Ms White

Mr Quirke (Teller)


 

     So it was resolved in the affirmative.

 

Select Committee

And a Committee was appointed consisting of Mr Brokenshire, Mrs Geraghty, Mr Quirke, Mr Venning and the Minister for Mines and Energy.

Ordered - That the Committee have power to send for persons, papers and records and to adjourn from place to place.

To report on Tuesday 23 July 1996.

 

13   Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 6.

 

14   Statutes Amendment (Abolition of Tribunals) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clause No 1 amended and agreed to.

                        Clauses Nos 2 to 8 agreed to.

                        Clauses Nos 9 and 10 amended and agreed to.

                        Clause No 11 agreed to.

                         Clauses Nos 12 to 14 amended and agreeD to.

                        Clause No 15 agreed to.

                        New clause No 15A inserted.

                        Clauses Nos 16 and 17 agreed to.

                        Clauses Nos 18 to 20 amended and agreed to.

                        New clause No 20A inserted.

                        Clauses Nos 21 to 30 agreed to.

                        Title amended and agreed to.

___________

     The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments and had amended the Title.

 

Statutes Amendment (Administrative and Disciplinary Division of District Courts) Bill

Bill read a third time and passed.

 

15   Evidence (Settlement Negotiations) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

    

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

16   Statute Amendment (Community Titles) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                        Clauses Nos 1 to 8 agreed to.

                        New clauses Nos 9 and 10 inserted.

                        Clauses Nos 11 and 12 agreed to.

                        New clauses Nos 13 and 14 inserted.

                        Clauses Nos 15 to 35 agreed to.

                        New clauses Nos 36 to 40 inserted.

                        Clauses Nos 41 to 48 agreed to.

                        New clauses Nos 49 to 52 inserted.

                        Title agreed to.

____________

     The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

17   Financial Institutions (Application of Laws) (Court Jurisdiction) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

18   Business Names Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

19   Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

 

20   Extension of time for adjournment

The Minister for Industrial Affairs(Hon G A Ingerson) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

21   Workers Rehabilitation and Compensation (Dispute Resolution) Amendment Bill

Debate (interrupted by the foregoing motion) resumed.

     Question put and passed.

 

     Bill read a second time.

 

In Committee

                    Clauses Nos 1 and 2 agreed to.

Mr Clarke moved on page 1, after line 17 to insert a new Clause as follows:

   Repeal of Part 4, Division 4B

   2A. Division 4B of Part 4 (comprising sections 42A) is repealed.

Question - That the amendment be agreed to - put and negatived.

                    Clauses Nos 3 to 6 agreed to.

                    Title agreed to.

____________

     The House having resumed:

Mr Bass reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

22   Messages from the Legislative Council

The following Messages from the Legislative Council were received and read:

 

South Australian Water Corporation (Public Interest

Safeguards) Amendment Bill                              Message No 102

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the South Australian Water Corporation Act 1994, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

Bill read a first time.

     Ordered - That the second reading be an Order of the Day for tomorrow.

 

     Stamp Duties (Miscellaneous) Amendment Bill, 1996       Message No 103

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

     Community Titles Bill                                   Message No 104

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Community Titles Bill, without any amendment.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

     Motor Vehicles (Miscellaneous No. 2) Amendment Bill           Message No 105

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Motor Vehicles (Miscellaneous No. 2) Amendment Bill, without any amendment.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

     Witness Protection Bill                                 Message No 106

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish a program to give protection and assistance to certain witnesses and other persons and for other purposes, with the amendments indicated by the annexed Schedule , to which amendments the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

     Schedule of the amendments made by the Legislative Council

 

     No 1  Page 2 (clause 3) - After line 9 insert new definition as follows:-

           ‘“Deputy Commissioner” means the person for the time being holding, or acting in, the office of Deputy Commissioner of Police under the Police Act 1952;’

     No 2  Page 4, lines 2 and 3 (clause 5) - Leave out “or as a means of persuading or encouraging the witness to give evidence or make a statement”.

     No 3  Page 8 (clause 10) - After line 14 insert new subparagraph as follows:-

           “(iiia) allow a sample of his or her blood to be taken for DNA analysis; or”.

     No 4  Page 12, line 5 (clause 15) - Leave out “Commissioner” and insert “Deputy Commissioner”.

     No 5  Page 12, line 8 (clause 15) - Leave out “Commissioner” and insert “Deputy Commissioner”.

     No 6  Page 12, line 8 (clause 15) - Leave out “knowingly”.

     No 7  Page 12, line 9 (clause 15) - Leave out “that is” and insert “knowing that it is”.

     No 8  Page 12, line 11 (clause 15) - Leave out “Commissioner” and insert “Deputy Commissioner”.

     No 9  Page 12, line 19 (clause 15) - Leave out “Commissioner” and insert “Deputy Commissioner”.

     No 10 Page 12, line 21 (clause 15) - Leave out “Commissioner” and insert “Deputy Commissioner”.

     No 11 Page 12, lines 23 to 26 (clause 15) - Leave out subclause (2) and insert new subclauses as follow:-

           “(2)  If the Deputy Commissioner makes a decision under subsection (1)(b) that protection and assistance provided under the Program to a participant be terminated, the Deputy Commissioner must -

              (a)   take reasonable steps to notify the participant of the decision; and

              (b)   notify the relevant approved authority (if any) of the decision.

           (3)   A participant may, within 28 days after receiving a notice under subsection (2), apply in writing to the Commissioner for a review of the decision of the Deputy Commissioner.

           (4)   If an application is made under subsection (3), the Commissioner must review the decision and may confirm, vary or reverse it.

           (5)   Before the Commissioner determines an application under subsection (3), the Commissioner must give the participant a reasonable opportunity to state his or her case.

           (6)   The Commissioner must inform the participant in writing of his or her decision on a review.

           (7)   Subject to subsection (8), a decision of a Deputy Commissioner under subsection (1)(b)  takes effect -

              (a)   at the end of the period of 28 days after the participant receives notice of the decision; or

              (b)   if the participant’s whereabouts are unknown and the Deputy Commissioner has taken reasonable steps to notify the participant of the decision but has been unable to do so - at the end of the period of 28 days after those steps were commenced.

           (8)   If the participant applies for a review of the decision of the Deputy Commissioner in accordance with subsection (3), the decision takes effect as follows:

              (a)   if the Commissioner notifies the participant that he or she has confirmed the decision - the decision takes effect when the Commissioner notifies the participant of the decision on the review;

              (b)   if the Commissioner notifies the participant that he or she has varied the decision - the decision takes effect on the day specified by the Commissioner in the notice;

              (c)   if the Commissioner notifies the participant that he or she has reversed the decision - the decision has no effect.”

     No 12 Page 13, line 13 (clause 17) - Leave out “An order under this section may only be made for the purpose of -” and insert “The Court may make such orders as it considers necessary for the purpose of -”.

     No 13 Page 13, line 17 (clause 17) - Leave out “An order under this section may require” and insert “For example, the Court may make an order requiring”.

     No 14 Page 13, line 19 (clause 17) - Before “issue” insert “to”.

     No 15 Page 13, line 25 (clause 17) - Leave out “the Program” and insert “the witness protection program”.

     No 16 Page 13, lines 30 and 31 (clause 17) - Leave out paragraph (b) and insert new paragraph as follows:-

           “(b)  the witness has entered into a memorandum of understanding under section 10 or the corresponding provision of a complementary witness protection law; and”.

     No 17 Page 14, lines 1 to 3 (clause 17) - Leave out subclause (6) and insert new subclause as follows:-

           “(6) The Court must not make an order for the purpose referred to in subsection (2)(b) unless satisfied that protection and assistance to the witness under the relevant witness protection program has been terminated.”

     No 18 Page 14, line 30 (clause 18) - Leave out “If” and insert “Subject to section 23, if”.

     No 19 Page 14, line 33 (clause 18) - After “only identity” insert “and to deny his or her participation in a witness protection program”.

     No 20 Page 15 - After line 5 insert new clause as follows:-

           19A. Payments under the Program not able to be confiscated  (1)  The Commissioner may certify in writing that an amount held by a participant represents payments made to the participant under the Program.

           (2)   An amount certified under subsection (1) cannot be forfeited or made subject to a restraining order under the Crimes (Confiscation of Profits) Act 1986.”

     No 21 Page 15, line 27 (clause 20) - After “with” insert “, or is authorised by,”.

     No 22 Page 15, lines 28 to 33 and page 16, lines 1 and 2 (clause 20) - Leave out subclause (4) and insert new subclause as follows:-

           “(4)  A person must not, either directly or indirectly, make a record of, disclose or communicate to another person any information relating to action under section 17 to establish a new identity for a person or restore a person’s former identity -

           (a)   unless authorised to do so by an order of the Supreme Court; or

           (b)   unless it is necessary to do so -

              (i)   for the purposes of this Act; or

              (ii)  for the purposes of an investigation by the Police Complaints Authority under Part 4 of the Police (Complaints and Disciplinary Proceedings) Act 1985; or

              (iii) to comply with an order of the Court.

           Maximum penalty: Imprisonment for 10 years.”

     No 23 Page 17, lines 13 to 17 (clause 22) - Leave out subclause (3) and insert new subclause as follows:-

           “(3)  If it is essential to the determination of legal proceedings under or in relation to a law of this State that the judicial officer presiding over the proceedings be advised of -

           (a)   the fact that a person is a participant in a witness protection program; or

           (b)   the location and circumstances of a participant in a witness protection program,

           a person referred to in subsection (1) or (2) must disclose the relevant information to the judicial officer in chambers, but the person must not disclose the information if any person other than the judicial officer and the judicial officer’s associate or clerk is present.”

     No 24 Page 17, lines 24 to 35 (clause 23) - Leave out the clause and insert new clause as follows:-

           23. Disclosure of information where participant becomes a witness in criminal proceedings (1)  If -

           (a)   a person is to be a witness in criminal proceedings for an indictable offence or a summary offence punishable by imprisonment (“the prospective witness”); and

           (b)   -

              (i)   the person is a participant in a witness protection program; or

              (ii)  the person is a former participant in a witness protection program and retains a new identity provided under the program; or

              (iii) steps have been taken with a view to including the person in a witness protection program,

              the information specified in subsection (2) must be disclosed to the Director of Public Prosecutions by the prospective witness and, if the Commissioner is aware of the matters referred to in paragraphs (a) and (b), by the Commissioner.

           (2)   The information required to be disclosed under subsection (1) is as follows:

              (a)   the fact that the prospective witness is a participant or former participant in a witness protection program or that steps have been taken with a view to including the prospective witness in a witness protection program; and

              (b)   if the prospective witness is a participant or former participant in a witness protection program - whether he or she has a new identity provided under the program; and

              (c)   if the prospective witness has a new identity provided under a witness protection program - whether he or she is to give evidence under his or her former identity or under the new identity; and

              (d)   if the prospective witness is to give evidence under a new identity and he or she has a criminal record under his or her former identity - details of that criminal record.

           (3)   If the Director of Public Prosecutions is provided with information under subsection (1) or otherwise becomes aware of the matters referred to in subsection (1)(a) and (b) in relation to the prospective witness, the Director may, by notice in writing given to the prospective witness, require him or her to disclose any further information as specified in the notice that the Director may reasonably require relating to the prospective witness and his or her participation or possible participation in the witness protection program that may be relevant to the prospective witness’s credibility as a witness in the proceedings.

           (4)   If the prospective witness fails to comply with subsection (1) or a requirement of the Director of Public Prosecutions under subsection (3), he or she is guilty of an offence.

           Maximum penalty: $5 000.

           (5)   The Director of Public Prosecutions must disclose to the Supreme Court -

              (a)   the information provided to the Director under this section; and

              (b)   any other information within the knowledge of the Director relating to the prospective witness and his or her participation or possible participation in the witness protection program that may be relevant to -

                 (i)   the prospective witness’s credibility as a witness in the proceedings; or

                 (ii)  the protection of the prospective witness’s safety and the integrity of the witness protection program.

           (6)   If the Court requires any further information relevant to the matters referred to in subsection (5)(b), the Director of Public Prosecutions must institute any necessary enquiries and disclose the results of the enquiries to the Court.

           (7)   Any enquiries instituted by the Director of Public Prosecutions under subsection (6) may include enquiries directed to -

              (a)   the prospective witness by notice or further notice under subsection (3); or

              (b)   the Commissioner (and for that purpose the Director is to be afforded all reasonable assistance and co-operation by the Commissioner).

           (8)   The Court must be constituted of a judge in chambers for the purposes of this section and any disclosures under this section must be made by the Director of Public Prosecutions personally to the judge in the absence of any person other than the judge and the judge’s associate.

           (9)If the Court is of the opinion that non-disclosure of any information provided by the Director of Public Prosecutions under this section might prejudice the fair trial of a defendant in the proceedings, the Court may make such orders relating to the disclosure of the information to the defendant or the defendant’s legal representative and the use of the information as the Court considers necessary in the circumstances of the case, taking into account the need to protect the prospective witness’s safety and the integrity of the witness protection program.

           (10)  No appeal lies against an order under this section or a decision of the Court not to make an order under this section.

           (11)  In this section -

           “Director of Public Prosecutions” includes a person acting in the position of Director of Public Prosecutions, the Deputy Director of Public Prosecutions or the Crown Counsel.’

     No 25 Page 18 (clause 24) - After line 10 insert new subclause as follows:-

           ‘(2)  In this section -

              “participant” includes a person who -

              (a)   was provided with a new identity under a witness protection program; and

              (b)   is no longer a participant but retains that identity.’

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for tomorrow

 

     Wills (Effect of Terminating Marriage) Amendment Bill         Message No 107

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Wills Act 1936, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

Bill read a first time.

     Ordered - That the second reading be an Order of the Day for tomorrow.

 

23   Rail Safety Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

24   Road Traffic (Directions at Level Crossings) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

25   Civil Aviation (Carriers’ Liability) (Mandatory Insurance and Administration) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

     Question put and passed.

 

     Bill read a second time.

     Proceeded, by leave, to the third reading.

 

     Bill read a third time and passed.

 

26   Messages from the Legislative Council

     The following Messages from the Legislative Council were received and read:

 

     Gaming Machines (Miscellaneous) Amendment Bill          Message No 108

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Gaming Machines Act 1992, with the suggested amendments indicated by the annexed Schedule, which amendments the Legislative Council requests the House of Assembly to make to the said Bill

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

Schedule of the suggested amendments made by the Legislative Council

     No 1  Page 2, line 18 (clause 5) - Leave out “there is at other times a continuous period of” and insert “at other times there are”.

     No 2  Page 2, line 19 (clause 5) - After “24 hour period” insert “(which may be a continuous period of 6 hours, or 2 separate periods of 3 hours or 3 separate periods of 2 hours)”.

     No 3  Page 4, lines 17 and 18 (clause 10) - Leave out paragraph (a)  and insert new paragraphs as follow:-

          “(a)   as to $2.5 million - into the Sport and Recreation Fund established under this Part;

              (a1)  as to $3 million - into the Charitable and Social Welfare Fund  established under this Part;

              (a2)  as to $19.5 million - into the Community Development Fund established under this Part;”.

     No 4  Page 4, line 20 (clause 10) - Leave out “sum referred to in subsection (4)(a)” and insert “sums referred to in subsection (4)(a), (a1)  and (a2).

     No 5  Page 4, line 21 (clause 10) - Leave out “Community Development Fund”  and insert “various Funds”.

     No 6  Page 6 (clause 12) - After line 26 insert new sections as follow:-

           73A. Sport and Recreation Fund (1)  The Sport and Recreation Fund  is established.

           (2)   The Fund is to be kept at Treasury.

           (3)   The money paid into the Fund under this Part will from time to time be applied, in accordance with the directions of the Minister for Recreation, Sport and Racing, in financial assistance for sporting or recreation organisations.

           (4)   The Minister for Recreation, Sport and Racing must, before giving a direction under subsection (3), consult with the Economic and Finance Committee established under the Parliamentary Committees Act 1991.

           (5)   The Chief Executive of the Office for Recreation, Sport and Racing must provide the Economic and Finance Committee with such information as the Committee may require relating to applications for financial assistance made by sporting or recreation organisations.

           (6)   Financial assistance will not be given under this section to an organisation that is the holder of a gaming machine licence.

 

           73B. Charitable and Social Welfare Fund (1)  The Charitable and Social Welfare Fund  is established.

           (2)   The Fund will be kept at Treasury.

           (3)   The money paid into the Fund under this Part will from time to time be applied by the Treasurer, in accordance with the directions of a board that must be established by the Minister for Family and Community Services for the purpose, in financial assistance for charitable or social welfare organisations.

           (4)   The board established under subsection (3) is to consist of 5 members -

              (a) being persons who have, between them, appropriate expertise in financial management and charitable or social welfare organisation administration; and

              (b) at least 2 of whom are women and 2 are men.

           (5)   The procedures of the board will be as determined by the Minister for Family and Community Services.”

     No 7  Page 6, line 28 (clause 12) - Leave out “73A.” and insert “73C.”.

     No 8  Page 6, line 32 (clause 12) - Leave out paragraph (a).

     No 9  Page 7, line 8 (clause 13) - Leave out “there is at other times a continuous period of” and insert “at other times there are”.

     No 10 Page 7, line 8 (clause 13) - After “24 hour period” insert “(which may be a continuous period of 6 hours, or 2 separate periods of 3 hours or 3 separate periods of 2 hours)”.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the suggested amendments be taken into consideration forthwith.

 

In Committee

     Resolved - That the suggested amendments be agreed to.

____________

 

     The House having resumed:

Mr Becker reported that the Committee had considered the suggested amendments referred to it and had agreed to the same without amendment.

 

     South Australian Meat Corporation (Sale of Assets) Amendment Bill         Message No 109

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the sale of assets of the South Australian Meat Corporation: to amend the South Australian Meat Corporation Act 1936; and for other purposes, without any amendment.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

     Statute Amendment (Mediation, Arbitration and Referral) Bill  Message No 110

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to mend the District Court Act 1991, the Magistrate Court Act 1991 and the Supreme Court Act 1935 and to repeal the Conciliation Act 1929, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 10 April 1996                H P K Dunn, PRESIDENT

 

Bill read a first time.

     Ordered - That the second reading  be an Order of the Day for tomorrow.

 

27   Adjournment

     House adjourned at 11.25 pm until tomorrow at 2.00 pm.

 

____________

 


MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

     For Thursday 11 April 1996

      Notice of Motion: Government Business-

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to provide for the merger of the Bank of South Australia with Advance Bank; and for other purposes.

 

      Notices of Motion: Private Members Bills/Committees/Regulations-

 

Mrs Hall to move - That  the Regulations under the Liquor Licensing Act 1985 relating to Alcohol Based Food Essence gazetted on 25 January and laid on the Table of this House on 6 February 1996, be disallowed.

 

Mrs Kotz to move - That the Nineteenth Report of the Environment, Resources and Development Committee on the Roxby Downs Water Leakage be noted.

 

      Notices of Motion: Other Motions-

 

Mrs Hall to move - That this House congratulates the West End State Cricket Team, its players and squad members and the South Australian Cricket Association and officials for bringing glory upon themselves and all South Australians by winning the 1995-96 Sheffield Shield.

 

____________

 

 

     Present during the day - All Members except Hon D C Brown, Mrs Rosenberg  and Mr Rossi.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY